K & L Plating Fact Sheet

Proposed penalties on Cal-OSHA citations total $552,775, the second-highest assessment against an employer by Cal-OSHA. The citations result from a fatality at K & L Plating's operation at 10323 Pearmain Street in Oakland on September 25, 1993. Total assessed penalties on this inspection are $538,280.

Cal-OSHA also inspected K & L Plating's two other facilities, located at 989 89th Avenue and 902 72nd Avenue in Oakland. These inspections were conducted because of health and safety concerns raised by the conditions at the accident site. Penalties assessed at the 989 89th Avenue inspection totaled $7,875, and penalties assessed as a result of the inspection at the 902 72nd Avenue site totaled $6,620.

Citations concerning the accident site:

General/Regulatory Violations
6151(c)(1): Fire extinguishers not fully charged and were              $800
            not mounted.
3241(c):    Boxes and other equipment stored in a manner               $600
            that they created a hazard.
3241(a):    Areas above the floor level did not have approved          $600
             load capacity posted.

461(a):     Employer did not have a permit to operate an air         $1,000
            tank.


                                                           Total     $3,000
SERIOUS VIOLATIONS
5141(a):    Feasible engineering controls not implemented            $6,000
            to prevent harmful exposure to hazardous substances.

5159(a)(5): Harness type safety belt not a hoisting device           $6,000
            used to lift employee out of confined space.

5162(a):    Emergency eyewash and shower equipment not               $4,000
            available for employees exposed to corrosive substances.

3273(a):    Working platforms not secure and were in                 $4,000
            deteriorated condition.

5227(c)(2): Labels not provided on tanks to indicate their           $5,000
            contents as wellas necessary precautionary measures.

3203(a)(4): No procedures for identifying and evaluating             $5,000
            workplace hazards.

5144(f)(1): No procedures that governed selection, use, and          $6,000
            fit testing of respirators.

3400(c):    First aid kit did not contain amyl nitrite.              $5,000

3384(a):    Gloves not provided for employees exposed to             $4,000
            corrosive substances.

2340.11(a): Electric conductors exposed to deteriorating             $4,000
            substances.

3210(a):    Platform did not have guardrails, exposing               $4,000
            employee to corrosive substances.

3328(b):    Crane deteriorated from its exposure to acid and         $5,000
            other chemicals.

5162(a):    Emergency eyewash/shower not tested monthly.             $6,000

5169:       Dikes or berms not provided to separate acids            $5,000
            and cyanides.

5194(h)(1): Employees not provided information related to            $6,000
            hazardous substances in the workplace.

2390.1:     Electric conductor did not have overcurrent/voltage      $6,000
            protection.

2500.9:     Employer spliced the flexible cords and cables           $6,000
            and taped them to the junction box, rectifier, 
            and transformer.

                                                           Total    $87,000
WILLFUL/SERIOUS VIOLATIONS
3220(a):    Employer did not have a written Emergency Action        $60,000
            Plan.

5144(a):    Employees entered oxygen-deficient area without         $60,000
            respirators.

5159(a)(4): Standby employee entered a confined space and           $60,000
            was not provided a respirator -- employee 
            subsequently expire.

5159(b)(1): Employer did not ensure at least one employee           $60,000
            was trained in first aid and CPR.

2340.17:    Energized electrical parts not guarded against          $60,000
            contact.

5158(c):    Employer did not test confined space to determine       $60,000
            if atmosphere was oxygen-deficient.

5157(b):    Employees not trained in confined space operating       $60,000
            and rescue procedures.


                                                           Total   $420,000
REPEAT/GENERAL VIOLATIONS

3364(b):    Toilet facilities not maintained in a sanitary           $2,400
            condition

5143(a)(5): Employer failed to test mechanical ventilation           $1,600
            rate.

5155(d):    PPE not provided for employees transferring              $5,400
            sodium cyanide.

14301(a)(1):Employer did not maintain a log of recordable              $800
            injuries and illnesses.

                                                           Total    $10,200
FAILURE TO ABATE
5155(a)(1): Employer did not monitor for airborne contaminants      $18,080
            as prescribed by 5155(c).

Total penalties assessed for violations observed during accident investigation:
$538,280

K & L Plating location at 989 89th Avenue:

GENERAL VIOLATIONS

3203(a):    Employer did not have a written IIPP.                      $875

3400(c):    No first aid material at the site.                         $875

5144(c):    Employees not fit tested.                                  $175

5194(e)(1): Employer did not have a written hazard communication       $700
            program.


                                                           Total     $2,625
SERIOUS VIOLATIONS
5169:       No berms or dikes to prevent mixing of dissimilar        $1,750
            substances.

5229:       Employer did not provide amyl nitrite for employees      $1,750
            who worked with inorganic cyanides.

5162(b):    Emergency shower did not work.                           $1,750


                                                           Total:    $5,250
Total penalties assessed at 989 89th Avenue: $7,875 K & L Plating location at 902 72nd Avenue:
GENERAL VIOLATIONS
3400(c):    Employer did not have a hazard communication               $500
            program.

5194(e)(1): No first aid kit.                                          $500


                                                           Total     $1,000
SERIOUS VIOLATIONS

5162(a):    No emergency eyewash facilities.                         $1,250

5169:       No berm or dike to separate dissimilar substances.         $935

5194(f)(4): Tanks not labeled.                                         $935

5229:       Employer did not provide amyl nitrite for employees      $1,250
            working with cyanide.

5162(b):    No emergency shower.                                     $1,250


                                                           Total     $5,620

Total penalties assessed at 902 72nd Avenue:
                                                                     $6,620

TOTAL PENALTIES AT ALL LOCATIONS: $552,775
PAST VIOLATIONS

In 1991, the K & L Plating facility at 10323 Pearmain Street was cited for one regulatory violation, 32 general citations or memorandum citations were issued, and four serious citations were cited. Penalties totaling $970 were assessed, with penalties on the serious citations totaling $675.

The serious citations were:

2340.179(a):Energized electrical parts not guarded against contact.
                                                                       $150
3273(a):   Permanent floor and platforms not free of dangerous         $150
            projections or obstructions, maintained in good
            repair, and reasonably free of oil, grease, or water. 

3382(a):    Employees not provided with suitable face or eye           $150
            protection.

5164(a):    Incompatible substances not stored by distance             $225
            or partition from each other to preclude accidental 
            contact between them.


                                 Total serious citations           $675
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